2025 (4) TMI 844 - AT - Income Tax

Addition u/s 68 - Addition on account of unsecured loan - addition made by the A.O. on account of share capital by ignoring the fact that M/s K. K. Steel Pvt. Ltd. failed to prove genuineness of the transaction and Director of both the Companies - HELD THAT - AO while making the addition as observed that the Assessee has not furnished any details and evidences in respect of secured loan raised in the year under consideration. It was the case of the Assessee before the AO and before the Ld. CIT(A) that secured loans were raised against hypothecation of commercial vehicles such as the Trucks Dumpers Crains and Hydra etc. from the bank and those vehicles are exclusively used for business manufacturing activities of the Assessee Company. Assessee furnished confirmation of the financial institution of their credit balance as on 31/03/2008 and also copies of the statements. CIT(A) considering the fact that the Assessee has also defaulted in repayment of secured loans from the bank and also furnished requisite documentary evidence to establish that secured loans were raised from banks during the relevant year and deleted the addition thus we find no reason to interfere with the order of the CIT(A) in the absence of any contrary evidence brought on record by the Department. Addition u/s 68 - HELD THAT - Though the share applicant Companies were not in existence in the given address and despite the fact that the summons were issued u/s 131 of the Act which were never answered however 18 share applicants Companies have sent replies with just two lines written on their pads stating that they have made investment in share application money with the Assessee company. Apparently all the replies have been written on nearby dates and pattern of the reply in all the cases are one and the same further most of the replies have been sent through the same courier/speed post with consecutive courier/speed post numbers. Though the share applicant companies have sent stereotype reply it is strange and we don t understand what prevented them to present before the AO for the examination. Considering the fact that the A.O. has made every effort to enquire on the share applicant money by making/issuing summons u/s 131 of the Act notice u/s 133(6) of the Act the burden will also cast upon on the Assessee to prove the three limbs/requirements of the Section 68 of the Act which has not been discharged by the Assessee. Considering the above facts and circumstances we find no reason to interfere in the order of the Ld. CIT(A) in confirming the addition. Finding no merits in the Grounds of appeal of the Assessee we dismiss the same.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal issues considered by the Tribunal were:

• Whether the Ld. CIT(A) was correct in deleting the addition of Rs. 1,80,00,000/- made by the Assessing Officer (AO) on account of share capital, questioning the genuineness of the transactions involving M/s K.K. Steel Pvt. Ltd. and M/s Doaba Rolling Mills Pvt. Ltd.
• Whether the Ld. CIT(A) rightly deleted the addition of Rs. 2,17,93,845/- on account of unsecured loans, given the lack of documents/evidence provided by the assessee during the assessment and remand report proceedings.
• Whether the Ld. CIT(A) correctly upheld the addition of Rs. 5,35,80,000/- under Section 68 of the Income Tax Act, considering the identity and creditworthiness of share applicants and the genuineness of transactions.
• Whether the penalty of Rs. 1,82,12,000/- under Section 271(1)(c) of the Income Tax Act was justified, based on allegations of concealment of income and furnishing inaccurate particulars by the assessee.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Deletion of Addition on Account of Share Capital

• Relevant legal framework and precedents: Section 68 of the Income Tax Act requires the assessee to prove the identity, creditworthiness of the creditor, and genuineness of the transaction.
• Court's interpretation and reasoning: The Tribunal found that the Ld. CIT(A) correctly observed that the companies in question were sister concerns of the assessee and that sufficient evidence was provided to establish the identity and creditworthiness of the creditors and the genuineness of the transactions.
• Key evidence and findings: The Tribunal noted that the Department failed to provide evidence to counter the claim that the companies were sister concerns or that the transactions were not genuine.
• Application of law to facts: The Tribunal applied Section 68 and found that the requirements were met by the assessee.
• Treatment of competing arguments: The Tribunal dismissed the Department's argument due to lack of contrary evidence.
• Conclusions: The Tribunal upheld the Ld. CIT(A)'s decision to delete the addition of Rs. 1,80,00,000/-.

Issue 2: Deletion of Addition on Account of Unsecured Loans

• Relevant legal framework and precedents: Section 68 of the Income Tax Act.
• Court's interpretation and reasoning: The Tribunal found that the Ld. CIT(A) rightly deleted the addition as the assessee provided evidence of secured loans raised against hypothecation of commercial vehicles.
• Key evidence and findings: The Tribunal noted the confirmation of the financial institution and the default in repayment as evidence of genuine transactions.
• Application of law to facts: The Tribunal concluded that the evidence provided met the requirements of Section 68.
• Treatment of competing arguments: The Tribunal found no merit in the Department's argument due to lack of contrary evidence.
• Conclusions: The Tribunal upheld the Ld. CIT(A)'s decision to delete the addition of Rs. 2,17,93,845/-.

Issue 3: Upholding of Addition under Section 68

• Relevant legal framework and precedents: Section 68 of the Income Tax Act; CIT vs. Nova Promoters & Finlease (P) Ltd. case.
• Court's interpretation and reasoning: The Tribunal agreed with the Ld. CIT(A) that the share applicants' income was disproportionate to their investments, and the companies were not found at the given addresses, indicating sham transactions.
• Key evidence and findings: The Tribunal noted the stereotype replies from share applicant companies and their absence at provided addresses as evidence of non-genuine transactions.
• Application of law to facts: The Tribunal applied Section 68 and found the assessee failed to discharge the burden of proof.
• Treatment of competing arguments: The Tribunal dismissed the assessee's arguments due to lack of credible evidence.
• Conclusions: The Tribunal upheld the Ld. CIT(A)'s decision to confirm the addition of Rs. 5,35,80,000/-.

Issue 4: Justification of Penalty under Section 271(1)(c)

• Relevant legal framework and precedents: Section 271(1)(c) of the Income Tax Act.
• Court's interpretation and reasoning: The Tribunal found that the penalty was justified as the assessee concealed income and furnished inaccurate particulars.
• Key evidence and findings: The Tribunal noted that the penalty was based on the confirmed addition under Section 68.
• Application of law to facts: The Tribunal concluded that the penalty was appropriately imposed given the circumstances.
• Treatment of competing arguments: The Tribunal found no merit in the assessee's arguments against the penalty.
• Conclusions: The Tribunal upheld the Ld. CIT(A)'s decision to confirm the penalty of Rs. 1,82,12,000/-.

3. SIGNIFICANT HOLDINGS

• Core principles established: The Tribunal reinforced the principles under Section 68 regarding the burden of proof on the assessee to establish the identity, creditworthiness, and genuineness of transactions. It also upheld the imposition of penalties under Section 271(1)(c) for concealment of income.
• Final determinations on each issue: The Tribunal dismissed the Revenue's appeal regarding the deletion of additions on account of share capital and unsecured loans. It upheld the Ld. CIT(A)'s decision to confirm the addition under Section 68 and the penalty under Section 271(1)(c).